My question involves child support in the State of: Oregon
We've been divorced 3 1/2 years and separated 6 1/2. My kids now are 17 and 13.
We went to a mediator before the divorce. We had already agreed to 50/50 joint legal and physical custody. Because we were 50/50 and because our incomes were similar we agreed to no child support. After a successful mediation, the mediator encouraged us to meet annually and share our tax returns and other financial issues. We have done this the past few years. However I have noticed that as my income has increased more than hers over the past 4 years she has made some comments. We still have the same jobs for the same employers; I have just been fortunate in a tough economy to have gotten better raises and bonuses.
This year she demanded to see not only my current tax return but the past few. When I asked why she indicated that she believed I might be using my 401k to "hide" money from her to make it seem like I am making less. Of course this was absurd as she had access to my W2 and entire return to examine if she wanted to. She then said that we had to deal with the issue of "the discrepancy" between our salaries. So obviously she is hinting that she will ask for money and I suggested we return to the mediator, which she agreed to.
Now I have always brought along my tax return but she has only shown me her W2. I never cared, thinking this was just an exercise. But the reality is she is remarried and her husband has I am sure a decent salary.
In addition, she is now the co-trustee of her mother's trust fund. My guess is that the trust has approx. 1 million dollars. My kids are 2 of the beneficiaries but I am sure that she and her brother are the primary beneficiaries.
1. When re-figuring child support, does the new husband's income factor in? Her income + his would certainly equal or exceed mine.
2. If we went to court, would the trust fund be a consideration? I mean can she claim "woe is me my ex-husband earns more money" when she manages a large trust fund that she either now or in the future benefits from?
3. While we agreed to a 50-50 split the reality is that I have always had my kids over 50% of the time. My son was with me nearly 100% of the time last year when he and his mother could not get along. I did not ask for child support from her. Is this something I can or should bring up now, if she asks me for money?
3. I know of no divorced friends who share their financial records annually, like we agreed to do, and now I think this turned out to be a bad thing. Is this standard? Am I crazy to continue doing it lol?